BY ACCEPTING THE TERMS AND CONDITIONS HEREIN........
This agreement ("Agreement") sets out the terms on which Oakland Southfield Physicians, P.C. ("OSP"), a Michigan professional service corporation having its principal place of business at 29200 Northwestern Hwy Suite 325, Southfield MI 48034-1027, will provide the user ("User") with access to the Website located at http://www.ospdocs.com or such other addresses or uniform resource locators as may be specified by OSP (collectively, "Site") and the information provided therein including, but not limited to, various online resources (collectively, "Resources").
Now, therefore, in consideration of the premises and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and with the intent to be legally bound, the parties hereby agree as follows:
1. OSP hereby grants User a non-exclusive, non-transferable, revocable license to access the Site and to utilize the Resources provided therein in accordance with this Agreement. User may access the Resources solely in furtherance of User's affiliation with OSP (collectively, "Use") according to the terms and conditions of this Agreement. Upon any breach by User of this Agreement, User's authorization to access the Site and to utilize the Resources shall automatically terminate. The Use shall be subject to a verification of acceptability by OSP, in its sole discretion. Unauthorized access and/or use of the Site including, without limitation, restricted portions of the Site, is strictly prohibited and may be subject to criminal prosecution. OSP may take all lawful measures to prevent, limit, and seek damages in connection with unauthorized access (or exceeding the level of access designated by OSP in its sole discretion) to the Site. By accessing and/or using the Site User hereby consents to : (i) monitoring of all activities on the Site for any purpose by OSP and/or law enforcement; and (ii) OSP's retrieval and disclosure of any information and/or records stored on the network. In addition, User hereby agrees that OSP's network system administrator(s) may consent to a law enforcement search of all activity, communications and records stored or transmitted via the Site. You hereby agree that the fruits of such monitoring may be used by OSP, OSP's designated agents, and/or law enforcement for any lawful purpose.
2. Following registration, OSP shall issue to User one user ID and password for use exclusively by User. User will be solely responsible for controlling and monitoring the use of the passwords and will not provide, or permit any other entity or individual to provide, the passwords to any third party.
3. The term of this Agreement will commence as of the earlier date that the User agrees to this Agreement at registration or otherwise accesses the Site, and will continue thereafter unless and until terminated by either party upon written notice to the other party. Notwithstanding the foregoing, OSP shall retain authority in its sole discretion to suspend, terminate or restrict at any time User's access to and utilization of the Site, and/or Resources. User shall remain bound by all terms and conditions of this Agreement notwithstanding termination of the term.
4. User agrees to maintain strict confidentiality of all information provided to it by OSP including, but not limited to, communications relating to the Resources, research material provided by OSP, any passwords provided by OSP, and any information obtained by User via the Site (collectively, "Confidential Information"). Confidential information shall not include information which is in or becomes part of the public domain other than by disclosure of User in violation of this Agreement. User shall not disclose Confidential Information to any third party and User shall only use the Confidential Information in connection with the Use. User shall destroy all copies of Confidential Information upon termination of the term of this Agreement and confirm such destruction in writing upon the request of OSP. User's confidentiality obligations shall survive the termination of the term of this Agreement.
5. Any material prepared by User in connection with the Use (including, without limitation, any material prepared in connection with the Resources) shall become the exclusive property of OSP, including any trademark or copyright rights and other tangible or intangible rights attaching thereto. To the extent that User creates any copyrightable works pursuant to this Agreement, User will be considered to have created a Work Made for Hire as defined in 17 U.S.C. S101, and OSP shall have the sole right to the copyright in such work. In the event that any such work created by User does not qualify as a Work Made for Hire, User hereby assigns its copyright and all rights, throughout the world, in and to such work to OSP. It is understood and agreed that the entire right, title and interest throughout the world to all works and/or trademarks that are produced by User pursuant to this Agreement shall be and hereby are vested and assigned by User to OSP. Without limiting the foregoing, as between User and OSP, OSP is and shall remain the sole owner of all right, title and interest in and to the Publication. Notwithstanding anything herein to the contrary, nothing contained within this Agreement shall be construed as granting User any rights in and to the Publication. This section shall survive the termination or expiration of this Agreement.
6. User acknowledges and agrees that User is not as an agent or employee of OSP. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties. User is not authorized to enter into contracts or agreements on behalf of OSP or to otherwise create obligations of OSP to third parties. User shall not assign, sublet or transfer all of any part of its interest in this Agreement without the prior written consent of OSP.
8. This Agreement shall be governed by and construed in accordance with the applicable laws of the State of Michigan except for its laws governing conflict and choice of laws.
9. OSP, NOR ADMINISTRATIVE NETWORK, INC., SHALL NOT BE LIABLE DIRECTLY OR INDIRECTLY TO USER FOR ANY LOSS OR DAMAGE SUFFERED OR COSTS AND EXPENSES INCURRED BY USER OR BY ANY THIRD PARTY, OF ANY NATURE, OR FROM ANY CAUSE WHATSOEVER, WHETHER DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING LOST PROFITS, IDENTITY THEFT AND OTHER CLAIMS, ARISING OUT OF THE FURNISHING, PERFORMANCE, MAINTENANCE, OR USE OF, OR INABILITY TO USE, THE SITE, THE RESOURCES, COMPUTER PROGRAMS, DATA BASES, MANUALS, AND ANY OTHER MATERIALS OR SERVICES FURNISHED BY OR ON BEHALF OF OSP, NOTWITHSTANDING THAT OSP HAS BEEN ADVISED OF THE POSSIBILITY THAT DAMAGES OF THAT SORT MAY OR WILL ARISE.THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
10. This Agreement constitutes the entire agreement between OSP and User and supersedes any and all other agreements or arrangements, whether written or oral, with respect to the subject matter hereof. In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of the Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. This section shall survive the termination or expiration of this Agreement.
12. User agrees to comply with all federal and state laws and rules regulating the privacy and security of Protected Health Information.
13. User agrees to the publication on the Site of demographic and other data of and concerning User and its affiliated physicians selected by OSP from time to time including, but not limited to, physician name, practice name, office location and hours, phone number, fax number, affiliated hospitals, health plan participation, and other information selected by OSP.
BY CHECKING THE BOX BELOW, USER HEREBY ACKNOWLEDGES THAT USER HAS READ, AGREES TO AND SHALL BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE ABOVE AGREEMENT.
The Oakland Southfield Physicians (OSP) website is designed to provide you with useful information about us and to connect you with our network physicians. Our website does not promote or sell products of any kind. We do hope, however, that the information we provide on our website encourages you to use our services or to join our organization as a member.
Information We Gather
In an effort to provide our website visitors with the most useful information, we collect a limited amount of information about visits to our website, including the number of visits to the site, the date and time of day of these visits and the pages visited. This information helps us to evaluate the effectiveness of our site, improve the information available to site visitors and improve website performance.
Website Data Tracking
Our website tracking program does not provide us with personal information about our site visitors. However, the program gathers the following technical information about each visit, none of which can be used to determine personal information about a website visitor: internet service provider name, browser type, and internet protocol (IP) address. (An IP address (Internet Protocol address) is a unique address that computers use in order to identify and communicate with each other on a computer network. IP addresses can appear to be shared by multiple computers if they are part of a shared hosting web server environment.)
Messages that you send to us by email (via the Contact Us links on our website pages) may not be secure. If you choose to send any confidential personal information to us via email, you accept the risk that a third party may intercept and use this information.
Occasionally, we post surveys on our website to obtain input from you and other website visitors. We use the information gathered through these surveys to improve the services we provide our members or to improve the content and use of our website. Participation in these surveys is voluntary, and any demographic information requested (e.g., zip code) is not required to complete the survey.
Use of Information
OSP takes reasonable precautions to protect the personal information provided to us voluntarily by our website visitors.
We protect electronic information behind a firewall and encrypt all data submitted through the online forms on our website. We also take appropriate measures to protect user information offline. Access to personal information is restricted to only those employees and agents who need the information to perform a task. Our employee computers are password protected. All employees receive training on OSP' privacy and security practices. Finally, the servers we use to store personal information are secured, and only authorized individuals have access to these servers.
Questions or Changes
If you have questions about our website policy or need to correct the personal information you have voluntarily submitted to OSP through our website, please email us.
Policy Change Notification
Links to Third-Party Websites
Commitment Regarding Protected Health Information
OSP understands the importance of Protected Health Information (hereafter referred to as "PHI") and requires Administrative Network, as a provider of support services to the independently practicing physicians affiliated with OSP, to follow strict policies (in accordance with state and federal privacy laws) to keep PHI private.
A patient must have given written authorization for the use and disclosure of PHI, except when an authorization is not required by federal or state privacy laws such as for the following uses and disclosures:
- For Treatment: PHI may be used by and disclosed to health care providers (doctors, dentists, pharmacies, hospitals and other caregivers) who request it in connection with the patient's treatment.
- For Payment: PHI may be used and disclosed for payment-related activities and those of health care providers and other health plans, including for example:
- Obtaining premiums and determining eligibility for benefits
- Paying claims for health care services that are covered by the patient's health plan
- Responding to inquiries, appeals and grievances
- Coordinating benefits with other insurance a patient may have
- For Health Care Operations: PHI may be used and disclosed for the provider's own health care operations, including for example, conducting quality assessment and improvement activities, preventing, detecting and investigating fraud and abuse and performing business management and other general administrative activities.
Protecting Online Interactions
When you use our online services, you may be asked to provide personal information that is necessary for us to process your request. To ensure your transaction remains confidential, the information is sent to us using an encrypted form in a "secure session" established with Secure Socket Layer (SSL). We also require the use of authentication, such as user ID and password, which allows us to verify your identity when you access our online services. We also use firewall technology to safeguard your information from outside access.
As a condition of using our online services in secured areas of our website, you must observe prudent security measures, including the following:
Choose unique passwords. Don't use your Social Security number, birth date, middle name, names of spouse or children, or anything else that someone could easily guess as a password.
Do not share your user ID and password with anyone else.
After you have submitted information online, we recommend that you close your browser before leaving your computer. This practice ensures you are not leaving personally identifiable information on the computer for those who may use it after you. This is especially important if you are using a computer in a public place.
Do not leave your computer unattended during an online session.
Contact us immediately at email@example.com if you suspect that someone has accessed your information online without your authorization.